Legislature(1995 - 1996)
1995-05-01 House Journal
Full Journal pdf1995-05-01 House Journal Page 1691 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday May 1, 1995 One Hundred Sixth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:41 a.m. Roll call showed 35 members present. Representatives Grussendorf, Kott, Kubina, Mulder and Therriault were absent. The invocation was offered by the Chaplain, Pastor Cordell E. Reiner of the Seventh Day Adventist Church. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "My Father, It is with joy, thanksgiving, and praise that I come to You this morning. Thank You for Your mercy that has allowed us to awaken to a day of service for our fellow Alaskans. As this week begins, may we do service that You would be pleased with. As You have been long-suffering, merciful, forgiving and patient with us, help us we pray, to be the same with each other. You have told us that if any lacks wisdom, just ask and You will give generously and without reproach. May we avail ourselves of this offer, and when this day ends, may we have the peace and contentment that comes from knowing we did our best. 1 1995-05-01 House Journal Page 1692 Hear my prayer, O Lord. Give ear to my supplication, in Jesus name, I pray. Amen." The Pledge of Allegiance was led by Representative Barnes. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 104th and 105th legislative days and House Journal Supplement No. 6 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. The Chief Clerk noted the following typographical error in the journal for the 104th day: On page 1663, under SB 87, it should read: "The Community & Regional Affairs Committee has considered:" REPORTS OF STANDING COMMITTEES HB 78 The Finance Committee has considered: HOUSE BILL NO. 78 "An Act relating to the maximum amount of assistance that may be granted under the adult public assistance program and the program of aid to families with dependent children; proposing a special demonstration project within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the project." and recommends it be replaced with: 1995-05-01 House Journal Page 1693 HB 78 CS FOR HOUSE BILL NO. 78(FIN) "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents and the maximum amount of assistance that may be granted; proposing special demonstration projects within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the projects; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date." The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (4): Foster, Hanley, Mulder, Kohring No recommendation (2): Martin, Navarre Amend (4): Parnell, Grussendorf, Brown, Therriault The following fiscal notes apply to CSHB 78(FIN): Fiscal note, Dept. of Education, 5/1/95 Fiscal note, Dept. of Public Safety, 5/1/95 Fiscal note, Dept. of Revenue, 5/1/95 Fiscal notes (2), Dept. of Health & Social Services, 5/1/95 Fiscal notes (3), Dept. of Commerce & Economic Development, 5/1/95 Fiscal notes (2), Dept. of Labor, 5/1/95 Zero fiscal note, Dept. of Environmental Conservation, 5/1/95 Fiscal notes (12), Dept. of Health & Social Services, 4/5/95 HB 78 was referred to the Rules Committee for placement on the calendar. HB 217 The Labor & Commerce Committee has considered: 1995-05-01 House Journal Page 1694 HB 217 HOUSE BILL NO. 217 "An Act relating to employment of teachers." and recommends it be replaced with: CS FOR HOUSE BILL NO. 217(L&C) "An Act relating to teacher tenure, teacher layoff and rehire rights, and to the right of tenured teachers to judicial review of decisions of nonretention or dismissal; and relating to retirement for certain employees of school districts and regional educational attendance areas." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Rokeberg, Porter No recommendation (3): Kott, Sanders, Masek The following fiscal note applies to CSHB217(L&C): Zero fiscal note, Dept. of Education, 4/22/95 HB 217 was referred to the Rules Committee for placement on the calendar. SB 147 The Resources Committee adopted the following fiscal note to accompany the committee report (page 1527): Senate zero fiscal note, Dept. of Community & Regional Affairs, 4/10/95 for: HOUSE CS FOR SENATE BILL NO. 147(RES) "An Act relating to a municipal river habitat protection tax credit." SB 147 is on today's calendar. 1995-05-01 House Journal Page 1695 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Katie John By Senator Lincoln; Representative Nicholia In Memoriam - Floyd H. Wheeler By Representative Foster INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HR 10 HOUSE RESOLUTION NO. 10 by Representatives Moses and Mulder: Relating to the conversion of the Naval Air Facility in Adak. was read the first time and referred to the Rules Committee for placement on the calendar. **The presence of Representative Grussendorf was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 327 HOUSE BILL NO. 327 by Representatives Phillips and Mulder, entitled: "An Act eliminating 'monte carlo' nights as an authorized form of charitable gaming; and providing for an effective date." was read the first time and referred to the Judiciary Committee. 1995-05-01 House Journal Page 1696 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 122 The following was read the second time: HOUSE BILL NO. 122 "An Act authorizing payment of a portion of the motor fuel tax on boats and watercraft as refunds to municipalities; and providing for an effective date." with the: Journal Page STA RPT CS(STA) NEW TITLE 4DP 1NR 804 FISCAL NOTE (REV) 805 FIN RPT CS(FIN) NT 2DP 2DNP 5NR 1AM 1615 FISCAL NOTE (REV) 1615 **The presence of Representative Kott was noted. Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 122(FIN) "An Act imposing a reporting requirement on certain sales, transfers, and consumption or uses of motor fuel, increasing the motor fuel tax on motor fuel used in and on watercraft, and authorizing payment of a portion of that tax as refunds to municipalities; and providing for an effective date." There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB122(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 122(FIN) was read the third time. **The presence of Representatives Kubina, Mulder and Therriault was noted. 1995-05-01 House Journal Page 1697 HB 122 Representative Mackie declared a conflict of interest. The question being: "Shall CSHB 122(FIN) pass the House?" The roll was taken with the following result: CSHB 122(FIN) Third Reading Final Passage YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Nicholia, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams Nays: Barnes, Brice, Brown, Kelly, MacLean, Mulder, Navarre, Ogan, Parnell, Therriault, Willis Barnes changed from "Yea" to "Nay". And so, CSHB 122(FIN) passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Navarre gave notice of reconsideration of the vote on CSHB122(FIN). HB 130 The following was read the second time: HOUSE BILL NO. 130 "An Act relating to agency review of public comment on the adoption, amendment, and repeal of regulations; relating to the examination of proposed regulations, amendments of regulations, and orders repealing regulations by the Administrative Regulation Review Committee and the Department of Law; relating to the submission to, and acceptance by, the lieutenant governor of proposed regulations, amendments of regulations, and orders 1995-05-01 House Journal Page 1698 HB 130 repealing regulations; and requiring agencies to make certain determinations before adopting regulations, amendments of regulations, or orders repealing regulations." with the: Journal Page STA RPT 1DP 2NR 1AM 805 5 FISCAL NOTES (3-GOV, DHSS, DPS) 806 INDETERMINATE FISCAL NOTE (LAW) 806 3 ZERO FISCAL NOTES (ADM, GOV, DNR) 806 CORRECTED STA RPT CS(STA) NT 2DP 2NR 1AM 840 5 FNS (3-GOV, DHSS, DPS) 3/20/95 841 INDETERMINATE FISCAL NOTE (LAW) 3/20/95 841 3 ZERO FNS (ADM, GOV, DNR) 3/20/95 841 JUD RPT CS(JUD) NT 3DP 2NR 1278 5 FNS (3-DCED, DOE, F&G) 1278 3 ZERO FISCAL NOTES (DCED) 1279 5 FNS (3-GOV, DHSS, DPS) 3/20/95 1279 INDETERMINATE FISCAL NOTE (LAW) 3/20/95 1279 3 ZERO FNS (ADM, GOV, DNR) 3/20/95 1279 FIN RPT CS(FIN) NT 9DP 1NR 1615 7 FNS (5-DEC, REV, DPS) 1616 8 ZERO FNS (DCED, DOE, 4-DEC, DHSS, F&G) 1616 5 ZERO FNS (3-GOV, LAW, DOT) 1616 FISCAL NOTE #6 (GOV) 3/20/95 1616 3 ZERO FNS (ADM, GOV, DNR) 3/20/95 1617 3 ZERO FNS (DCED) 4/12/95 1617 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 130(FIN) "An Act relating to letters of intent by legislative committees and to the adoption, amendment, and repeal of regulations." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Finkelstein: Page 1, lines 4-10: Delete Section 1 1995-05-01 House Journal Page 1699 HB 130 Renumber the remaining sections accordingly. Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kelly objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Representative Vezey placed a call of the House and lifted the call. Representative Vezey moved and asked unanimous consent that CSHB130(FIN)am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 130(FIN) am was read the third time. The question being: "Shall CSHB 130(FIN) am pass the House?" The roll was taken with the following result: CSHB 130(FIN) am Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Barnes And so, CSHB 130(FIN) am passed the House and was referred to the Chief Clerk for engrossment. HB 201 The following was read the second time: 1995-05-01 House Journal Page 1700 HB 201 HOUSE BILL NO. 201 "An Act relating to prisoner litigation, post-conviction relief, sentence appeals, amending Alaska Administrative Rule 10, Alaska Rules of Appellate Procedure 204, 208, 209, 215, 521, 603, and 604, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1; and providing for an effective date." with the: Journal Page STA RPT 3DP 1NR 807 3 ZERO FNS (LAW, CORR, DPS) 2/27/95 808 2 ZERO FNS (ADM) 2/27/95 808 JUD RPT CS(JUD) NT 4DP 1NR 1279 FISCAL NOTE (COURT) 1280 2 ZERO FNS (ADM) 2/27/95 1280 3 ZERO FNS (DPS, CORR, LAW) 2/27/95 1280 FIN RPT CS(FIN) NT 8DP 1AM 1465 ZERO FISCAL NOTE (COURT) 1465 2 ZERO FNS (2-ADM) 2/27/95 1465 3 ZERO FNS (LAW, CORR, DPS) 2/27/95 1465 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 201(FIN) "An Act relating to prisoner litigation, post-conviction relief, sentence appeals, execution on judgments against prisoners; amending Alaska Administrative Rule 10, Alaska Rules of Appellate Procedure 204, 208, 209, 215, 403, 521, 602, 603, and 604, Alaska Rules of Civil Procedure 3, 16.1, and 65, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Porter: Page 1, line 1, following "litigation," (title amendment): Insert "post-trial motions," Page 5, following line 21: 1995-05-01 House Journal Page 1701 HB 201 Insert a new bill section to read: "* Sec. 6. AS12.55.088(a) is amended to read: (a) The court may modify or reduce a sentence by entering a written order under a motion made within 180 [60] days of the original sentencing." Renumber the following bill sections accordingly. Page 10, line 9, after "AS12.72": Insert "or an untimely or successive motion for reduction or modification of sentence" Page 18, line 12: Delete "120" Insert "180" Page 18, following line 23: Insert a new bill section to read: "* Sec. 31. Rule 35, Alaska Rules of Criminal Procedure, is amended by adding new subsections to read: (e) An indigent defendant not already represented by counsel may request the court to appoint counsel for purposes of filing a motion under this rule. If the defendant is represented by appointed counsel, counsel may file with the court and serve on the prosecuting attorney a certificate that counsel (1) does not have a conflict of interest; (2) has completed a review of the facts and law related to sentence; (3) has consulted with the applicant and, if appropriate, with trial and appellate counsel; and (4) has determined that a motion under this subsection would not warrant relief by the court. (f) If appointed counsel has filed a certificate under (e) of this rule, and it appears to the court that the applicant is not entitled to relief, the court shall indicate its intention to permit counsel to withdraw and, if appropriate, to dismiss the motion. The applicant and the prosecuting attorney shall be given an opportunity to reply to the proposed withdrawal or dismissal. If the defendant files a response and the court finds that a motion under this rule would not warrant relief, the court shall permit counsel to withdraw and, if appropriate, dismiss the motion. If the court finds that a motion 1995-05-01 House Journal Page 1702 HB 201 under this rule may warrant relief, the court may direct that the proceedings continue or take other appropriate action." Renumber the following bill sections accordingly. Page 23, following line 21: Insert new bill sections to read: "* Sec. 41. APPLICABILITY. This Act applies to offenses committed before, on, or after the effective date of this Act. * Sec. 42. SPECIAL APPLICABILITY OF SECTIONS 29 - 31. (a) Notwithstanding Rule 35, Alaska Rules of Criminal Procedure, as amended in secs. 29 - 31 of this Act, the trial court, under Rule 35(b), as amended by this Act, may reduce the sentence of a defendant sentenced before the effective date of this section if the defendant took an appeal and the sentence reduction occurs within 120 days of the day that jurisdiction is returned to the trial court under Rule 507(b), Alaska Rules of Appellate Procedure, unless the defendant petitions the United States Supreme Court for certiorari, in which case the 120 days commences on the day that the Supreme Court denies relief. (b) This section has the effect of amending Rule 35, Alaska Rules of Criminal Procedure." Renumber the following bill sections accordingly. Page 24, line 6: Delete "14 and 38" Insert "15, 40, and 41" Delete "37 and 39" Insert "39, 42, and 43" Representative Porter moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered, and the new title appears below: CS FOR HOUSE BILL NO. 201(FIN) am "An Act relating to prisoner litigation, post-trial motions, post-conviction relief, sentence appeals, execution on judgments against prisoners; amending Alaska Administrative Rule 10, Alaska Rules of Appellate Procedure 204, 208, 209, 215, 403, 521, 602, 603, and 604, Alaska Rules of Civil Procedure 3, 16.1, and 1995-05-01 House Journal Page 1703 HB 201 65, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1; and providing for an effective date." Representative Vezey moved and asked unanimous consent that CSHB201(FIN)am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 201(FIN) am was read the third time. The question being: "Shall CSHB 201(FIN) am pass the House?" The roll was taken with the following result: CSHB 201(FIN) am Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Hanley And so, CSHB 201(FIN) am passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 201(FIN) am was referred to the Chief Clerk for engrossment. 1995-05-01 House Journal Page 1704 HB 202 The following was read the second time: HOUSE BILL NO. 202 "An Act relating to the participation and accountability of parents and guardians and the enforcement of restitution orders entered in juvenile delinquency proceedings; relating to claims on permanent fund dividends for certain court-ordered treatment in juvenile delinquency proceedings; changing Alaska Supreme Court Delinquency Rules 3(b) and 8(b); and providing for an effective date." with the: Journal Page HES RPT CS(HES) NT 3DP 2NR 1005 5 ZERO FNS (3-HES, 2-ADM) 2/27/95 1005 2 ZERO FNS (REV, LAW) 2/27/95 1005 JUD RPT CS(HES) NT 5DP 1280 FISCAL NOTE (COURT) 1281 2 ZERO FISCAL NOTES (REV, LAW) 2/27/95 1281 5 ZERO FNS (3-HES, 2-ADM) 2/27/95 1281 FIN RPT CS(HES) NT 10 DP 1444 FISCAL NOTE (COURT) 4/12/95 1445 5 ZERO FNS (2-ADM, 3-HES) 2/27/95 1445 2 ZERO FNS (REV, LAW) 2/27/95 1445 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 202(HES) "An Act relating to the participation and accountability of parents and guardians and the enforcement of restitution orders entered in juvenile delinquency proceedings; relating to claims on permanent fund dividends for certain court-ordered treatment in juvenile delinquency proceedings; and amending Alaska Delinquency Rules 3(b) and 8(b); and providing for an effective date." There being no objection, it was so ordered. 1995-05-01 House Journal Page 1705 HB 202 Representative Vezey moved and asked unanimous consent that CSHB202(HES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 202(HES) was read the third time. Representative Robinson placed a call of the House. Representative Davies moved and asked unanimous consent that CSHB202(HES) be returned to second reading for the specific purpose of considering Amendment No. 1. Representative Vezey objected. The call was satisfied. The question being: "Shall CSHB202(HES) be returned to second reading for the specific purpose of considering Amendment No. 1?" The roll was taken with the following result: CSHB 202(HES) Third Reading Return to Second for Amendment No. 1 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, the motion failed. The question being: "Shall CSHB 202(HES) pass the House?" The roll was taken with the following result: 1995-05-01 House Journal Page 1706 HB 202 CSHB 202(HES) Third Reading Final Passage YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Davies And so, CSHB 202(HES) passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Davies gave notice of reconsideration of the vote on CSHB202(HES). HB 297 The following was read the second time: HOUSE BILL NO. 297 "An Act relating to fees for a commercial fishing vessel license." with the: Journal Page FIN RPT 5DP 5NR 1625 FISCAL NOTE (F&G) 1626 1995-05-01 House Journal Page 1707 HB 297 Representative Vezey moved and asked unanimous consent that HB 297 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 297 was read the third time. The question being: "Shall HB 297 pass the House?" The roll was taken with the following result: HB 297 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, HB 297 passed the House and was referred to the Chief Clerk for engrossment. HB 306 The following was read the second time: HOUSE BILL NO. 306 "An Act relating to a lien for services provided by a physician." with the: Journal Page JUD RPT CS(JUD) NT 4DP 2NR 1626 ZERO FISCAL NOTE (DNR) 1626 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1995-05-01 House Journal Page 1708 HB 306 CS FOR HOUSE BILL NO. 306(JUD) "An Act relating to a lien for services provided by a hospital, nurse, or physician." There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB306(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 306(JUD) was read the third time. The question being: "Shall CSHB 306(JUD) pass the House?" The roll was taken with the following result: CSHB 306(JUD) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, HB 306(JUD) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 7 The following was read the second time: SENATE BILL NO. 7 "An Act relating to bail after conviction for various felonies if the defendant has certain previous felony convictions." 1995-05-01 House Journal Page 1709 SB 7 with the: Journal Page JUD RPT 5DP 1466 3 SEN ZERO FNS (CORR, LAW, DPS) 3/9/95 1467 2 SEN ZERO FNS (ADM) 3/9/95 1467 FIN REFERRAL WAIVED 1557 Representative Vezey moved and asked unanimous consent that SB7 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 7 was read the third time. The question being: "Shall SB 7 pass the House?" The roll was taken with the following result: SB 7 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, SB 7 passed the House, was signed by the Speaker and the Chief Clerk and returned to the Senate. SB 27 The following was read the second time: SPONSOR SUBSTITUTE FOR SENATE BILL NO. 27 "An Act relating to child visitation rights of grandparents and other persons who are not the parents of the child." 1995-05-01 House Journal Page 1710 SB 27 with the: Journal Page HES RPT 4DP 1022 SENATE ZERO FN (COURT) 3/1/95 1022 JUD RPT HCS(JUD) 5DP 1492 SENATE ZERO FISCAL NOTE (COURT) 3/1/95 1493 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 27(JUD) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that HCSSSSB27(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS SSSB 27(JUD) was read the third time. The question being: "Shall HCS SSSB 27(JUD) pass the House?" The roll was taken with the following result: HCS SSSB 27(JUD) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, HCS SSSB 27(JUD) passed the House and was referred to the Chief Clerk for engrossment. 1995-05-01 House Journal Page 1711 SB 147 The following was read the second time: SENATE BILL NO. 147 "An Act relating to a municipal river habitat protection tax credit." with the: Journal Page RES RPT HCS(RES) 3DP 2NR 1527 SENATE ZERO FISCAL NOTE (F&G) 4/10/95 1527 SENATE ZERO FISCAL NOTE (DCRA) 4/10/95 1694 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 147(RES) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that HCSSB147(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS SB 147(RES) was read the third time. The question being: "Shall HCS SB 147(RES) pass the House?" The roll was taken with the following result: HCS SB 147(RES) Third Reading Final Passage YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1995-05-01 House Journal Page 1712 SB 147 Nays: Moses Barnes changed from "Nay" to "Yea". And so, HCS SB 147(RES) passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Adam Anders, 1995 Alaska State Wrestling Champion By Representatives, Vezey, Brice, B.Davis, Elton, Green, Ivan, James, Kelly, Kott, Mackie, Mulder, Navarre, Ogan, Parnell, Rokeberg, Sanders, Therriault, Toohey, Willis Honoring - R.J. Nelson, 1995 Alaska State Wrestling Champion By Representatives Vezey, Brice, B.Davis, Elton, Green, Ivan, James, Kelly, Kott, Mackie, Mulder, Navarre, Ogan, Parnell, Rokeberg, Sanders, Therriault, Toohey, Willis Honoring - John Tobin, North Pole Patriots Wrestling Coach By Representatives Vezey, Brice, B.Davis, Elton, Green, Ivan, James, Kelly, Kott, Mackie, Mulder, Navarre, Ogan, Parnell, Rokeberg, Sanders, Therriault, Toohey, Willis In Memoriam - Verle Gertrude Picha Kramer By Senator Taylor; Representatives Grussendorf, Phillips, B.Davis, Elton, Foster, Ivan, James, Kott, Mackie, Nicholia, Ogan, Rokeberg, Sanders, Toohey, Willis In Memoriam - James Willis Bayne, Jr. By Senator Kelly; Representatives Phillips, B.Davis, Elton, Foster, Ivan, James, Kott, Mackie, Mulder, Nicholia, Ogan, Rokeberg, Sanders, Toohey, Willis 1995-05-01 House Journal Page 1713 RECONSIDERATION HB 233 Representative Mulder brought up reconsideration of the vote on CSHB233(FIN)am (page 1670). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 233(FIN) am "An Act extending the termination date of the Board of Clinical Social Work Examiners, Board of Marine Pilots, Board of Marital and Family Therapy, State Medical Board, Board of Nursing, Board of Psychologist and Psychological Associate Examiners, Real Estate Commission, Special Education Service Agency, Correctional Industries Commission, and Hazardous Substance Spill Technology Review Council; and providing for an effective date." Representative Mulder moved and asked unanimous consent that CSHB233(FIN)am be returned to second reading for the specific purpose of rescinding previous action in adopting Amendment No. 1. Objection was heard and withdrawn. There being no further objection, it was so ordered. Representative Martin placed a call of the House and lifted the call. Representative Mulder moved and asked unanimous consent that the House rescind previous action in adopting Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 (page 1668) was again before the House. Amendment to Amendment No. 1 was offered by Representative Kubina: Under the new bill Section 9: Delete "1999" Insert "1995" 1995-05-01 House Journal Page 1714 HB 233 Representative Kubina moved and asked unanimous consent that the amendment to Amendment No. 1 be adopted. Objection was heard. The question being: "Shall the amendment to Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 233(FIN) am--RECONSIDERATION Second Reading Amendment to Amendment No. 1 YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Grussendorf, Hanley, Ivan, Kohring, Kott, Kubina, Mackie, MacLean, Masek, Mulder, Nicholia, Phillips, Robinson, Rokeberg, Willis Nays: Barnes, Brown, Finkelstein, Green, James, Kelly, Martin, Moses, Navarre, Ogan, Parnell, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, the amendment to Amendment No. 1 was adopted. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: CSHB 233(FIN) am--RECONSIDERATION Second Reading Amendment No. 1 as amended YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, Kohring, Kott, Kubina, Mackie, MacLean, Masek, Mulder, Navarre, Nicholia, Phillips, Robinson, Willis 1995-05-01 House Journal Page 1715 HB 233 Nays: Barnes, Bunde, Green, Hanley, James, Kelly, Martin, Moses, Ogan, Parnell, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 1 as amended was adopted. The question to be reconsidered: "Shall CSHB 233(FIN) am pass the House?" The roll was taken with the following result: CSHB 233(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, CSHB 233(FIN) am passed the House on reconsideration. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 233(FIN) am was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 9 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 1686) on the following at this time: 1995-05-01 House Journal Page 1716 HB 9 CS FOR HOUSE BILL NO. 9(FIN) "An Act relating to recovery of damages from a person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor." and SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 9(FIN), thus adopting SCS CSHB 9(FIN) am S, and recommended that the members vote yes. Representative Vezey moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. HB 28 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 1687) on the following at this time: CS FOR HOUSE BILL NO. 28(FIN) am "An Act relating to the possession of weapons within the buildings of, grounds of, or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; requiring the expulsion or suspension of students possessing deadly weapons on school grounds; requiring reports to the Department of Education concerning those expulsions or suspensions; and relating to school lockers and other containers provided in a public or private school by the school or the school district." and SENATE CS FOR CS FOR HOUSE BILL NO. 28(JUD) (same title) 1995-05-01 House Journal Page 1717 HB 28 There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 28(FIN) am, thus adopting SCS CSHB 28(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 28(FIN) am?" The roll was taken with the following result: SCS CSHB 28(JUD) Concur YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Nays: MacLean Absent: Therriault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 28(JUD). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 28(JUD) was referred to the Chief Clerk for enrollment. HB 62 Representative Davies moved and asked unanimous consent to withdraw the following: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 62 "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; and providing for an effective date." 1995-05-01 House Journal Page 1718 HB 62 There being no objection, SSHB 62 was withdrawn. Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Willis - from 11:15 a.m., May 3 to 1:45 p.m., May 3, 1995 Representative B.Davis - from 6:30 a.m., May 6 to 8:54 p.m., plane time, May 7, 1995. SB 85 A sectional analysis for the following was published in House Journal Supplement No. 7: CS FOR SENATE BILL NO. 85(JUD) am "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." CSSB 85(JUD) am was transmitted to the Governor on April 28, 1995 (page 1324). HR 9 Representative Kubina added his name as cosponsor to: HOUSE RESOLUTION NO. 9 Relating to Alaska Garden Week. HJR 47 Representative Willis added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 47 Supporting continued funding of the Alaska National Guard Youth Corps Challenge Program. 1995-05-01 House Journal Page 1719 HB 9 Representative Kohring added his name as cosponsor to: SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S "An Act relating to recovery of damages from a person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor." HB 130 Representatives Rokeberg and Therriault added their names as cosponsors to: CS FOR HOUSE BILL NO. 130(FIN) am "An Act relating to letters of intent by legislative committees and to the adoption, amendment, and repeal of regulations." HB 306 Representative Brice added his name as cosponsor to: CS FOR HOUSE BILL NO. 306(JUD) "An Act relating to a lien for services provided by a hospital, nurse, or physician." SB 7 Representatives Ogan, Robinson and Rokeberg added their names as cross-sponsors to: SENATE BILL NO. 7 "An Act relating to bail after conviction for various felonies if the defendant has certain previous felony convictions." SB 27 Representatives Ogan, Rokeberg and James added their names as cross-sponsors to: HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 27(JUD) "An Act relating to child visitation rights of grandparents and other persons who are not the parents of the child." 1995-05-01 House Journal Page 1720 SB 147 Representative James added her name as cross-sponsor to: HOUSE CS FOR SENATE BILL NO. 147(RES) "An Act relating to a municipal river habitat protection tax credit." ENGROSSMENT HB 104 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104(JUD) am "An Act relating to disclosures of information about certain minors." HB 130 CSHB 130(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 159 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 159(JUD) "An Act allowing a person under age 21 to be arrested by a peace officer without a warrant for illegal possession, consumption, or control of alcohol; relating to the offenses of driving while intoxicated and failure to submit to a chemical test of breath or blood; and providing for an effective date." HB 201 CSHB 201(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 233 CSHB 233(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1995-05-01 House Journal Page 1721 HB 297 HB 297 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 306 CSHB 306(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 27 HCS SSSB 27(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 147 HCS SB 147(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 108 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:50 a.m., May 1, 1995: HOUSE BILL NO. 108 "An Act relating to claims on permanent fund dividends for defaulted public assistance overpayments." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 7:30 am, 5/2 The following meeting today has been changed as indicated: Judiciary Committee Capitol 120 1:00 pm, 5/1 TIME CHANGED to 1:15 pm 1995-05-01 House Journal Page 1722 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 2, 1995. There being no objection, the House adjourned at 12:53 p.m. Suzi Lowell Chief Clerk